NASHVILLE, Tenn. (AP) – The father of a man accused of fatally shooting four people at a Nashville Waffle House last year wants a lawsuit against him by a victim’s mother thrown out.

The suit accuses Jeffrey Reinking of negligence and conspiracy for returning several guns to his mentally unstable son.

Illinois revoked Travis Reinking’s firearms owner identification card after he was arrested crossing a White House security barrier. His father took possession of the weapons but returned them when Travis Reinking said he was moving out of state.

Filings in Nashville circuit court argue Jeffery Reinking can’t be charged with conspiracy because he didn’t know what his son would do with the guns, and that he can’t be charged with negligence in Tennessee because he is from Illinois.

A judge considers his motion to dismiss Friday.